Dear Seniors, I am Aathira working as an HR in Helathcare Industry from Kerala. I need some clarification about maternity leave. In my organization some of the staff are not covered under esi act because their salary is above 21k. in this case do we need to provide 26 weeks maternity leave with full salary? What all document we need to ask that employee before going for maternity leave? Please help me.
From India, Ramankari
Labour Law & Hr Consultant
Sr.manager - Hr&admin
Bhartiya Akhil


Maternity Benefit Act applies to all establishments employing 10 or more employees. (Establishments which are factories, mines, plantations, Government establishments, shops and establishments under the relevant applicable legislations, or any other establishment as may be notified by the Central Government. )
First please ensure your Establishment is covered under MB Act.
If that particular women employee is not covered under ESI and subject to her eligibility for Maternity benefit (woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months. ) employer is liable to sanction 26 weeks (182 days) leave with salary.
Employee to submit a request letter for Maternity Benefit with confirmation certificate /lab report confirming her maternity.
Once she report back to office after MB leave, please collect delivery certificate for personal file records.

From India, Madras

Dear Aathira, Healthcare industry in India comprises of hospitals, medical insurance etc. Therefore better be specific while mentioning the type of your establishment.
From India, Salem
Thank you Mr.Lakshminarayan for the valuable reply to my post.
From India, Ramankari
Hi Mr.Umakanthan am working in a hospital at Kerala.
From India, Ramankari

Dear Aathira,
I appreciate your immediate response with exact detail.
Your hospital is an ' establishment' to which the Maternity Benefit Act,1961 is applicable as per sec. 2(1)(b) of the Act.
Therefore, you should provide maternity benefit to those women employees not covered by the ESI Act,1948 as stated by our learned friend V.M.L.
This maternity leave of 26 weeks with salary can be availed of at a stretch from the date of delivery or in two spells of 8 weeks prior to the expected date of delivery and remaining post delivery according to the choice of the employee.
The employee has to give a notice of claim as detailed in sec.6 of the Act.

From India, Salem
Thank you so much for your valuable response sir.
From India, Ramankari
Respected Seniors,
Myself Manju Sharma Accounts & HR Manager from Lalji Sarraf Pvt. Ltd. I am only one lady in my company and I am also not covered in ESI Act due to salary point, so I want to know that whether MB leave with paid salary available to me from my company or not. If yes, then please explain which rules are applicable to my company for this lease.

From India

Dear friend,
No restriction of statutory maternity benefit to a woman employee on the grounds of quantum of salary or position of employment. Since you are out of the bound of ESIA,1948, you are automatically covered under the MBA,1961 and therefore entitled all the maternity benefit as per the provisions of sec.5 of the Act.

From India, Salem
Bhartiya Akhil

Dear Umakanthan Sir,
You are very correct in answering the question by Accounts-At-Laljisarraf-Com.
The queriest said that she is not covered under ESI because of salary beyond the limit of ESI. This means her company has more than 10 employees and therefore MB Act is applicable to her company.
I just thought of mentioning it for the benefit of readers that the MB Act is applicable to every shop or establishment in which ten or more persons are employed and to every factory, mine or plantation, to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances.

From India, Mumbai

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